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I
At the Regular Meeting of the Board of Supervisors of the County of Frederick,
Virginia held in the Board of Supervisors- Room, on the 27th day of June, 1973.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Donald R.
Hodgson; Dennis T. Cole; and Richard F. Madigan.
The Chairman called the meeting to order.
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole the minutes
of the Work Session held on June 6, 1973 were approved unanimously.
HIGHWAY DEPARTMENT REPORT
State Route 1314 — Named Hickory Street - Approved:
Mr. Sandy presented a request from the citizens of Darlington Subdivision to name
State Route 1314 Hickory Street.
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
WHEREAS, A request has been received from County Citizens residing along State
Route 1314 to have said road named Hickory Street,
THEREFORE BE IT RESOLVED, By the Board of Supervisors of the County of Frederick,
Virginia, that State Route 1314 be named Hickory Street and that the Virginia Department
of Highways be advised of this action and requested to concur, subject to applicable Highway
Department requirements and regulations.
The above resolution was passed unanimously.
Abandonment of Route 837 - Approved:
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
WHEREAS, The Frederick County Board of Supervisors has been petitioned by a County
Property Owner for the abandonment of a portion of the State Secondary System and railroad
crossing; and,
WHEREAS, due notice of such intent to abandon said road and railroad crossing has
been posted at the front door of the Frederick County Courthouse and along the road to be
abandoned and notice has been published in two (2) issues of a newspaper having,+general
circulation in the County, and notice has been given to the State Highway Commission; and,
WHEREAS, no petition has been received from any landowner in Frederick County to
hold a public hearing on such abandonment; and,
WHEREAS, all of the above requirements have been met in accordance with Title
3311, Chapter 1, Article 11, Section 33.1-151, Code of Virginia (1950) as amended,
THEREFORE BE IT RESOLVED, By the Board of Supervisors of the County of Frederick,
Virginia, in accordance with Title 33.1,, Chapter 1, Article 11, Section 33.1-151, Code of
Virginia (1950) as amended, that the following section of road and railroad crossing be
hereby abandoned altogether as a public road and public crossing-,. Route 837 and railroad
crossing from just east of the Penn Central Railroad track crossing of Route 837 westward
to the eastern most right of way line of Interstate I-81.
The above resolution was passed unanimously.
SCHOOL BOARD RESOLUTION AMENDMENT - APPROVED
Dr. Wright appeared before the Board and requested an amendment to the Transfer of
Funds Resolution passed on June 13, 1973, wherein the Frederick County School Board would
be authorized to use additional funds allocated from the State as well as funds within the
limits of the approved Literary Loan Fund and the Virginia Public School Authority Loan for
school construction.
2
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Frederick County Board of Supervisors amends the resolutior
TRANSFER OF FUNDS approved June 13, 1973, as follows:
BE IT FURTHER RESOLVED, That the Frederick County School Board is hereby granted
permission to use any additional funds allocated from the State as well as funds within the
limits of the approved Literary Loan Fund and the Virginia Public School Authority Loan for
school construction.
The above resolution was passed unanimously.
Dr. Wright expressed appreciation to the Board on behalf of the School Board and
the Advisory Board of Dowell J. Howard Vocational School for the traffic lights installed on
Route 7 near the entrance to the road leading to the school.
Dr. Wright stated that the School Board had approved the bid from Howard Shockey
for the school at Apple Pie Ridge. He stated it was higher than they had anticipated but
they hoped through change orders to reduce the estimate. ,
COMMUNITY MENTAL HEALTH AND RETARDATION BOARD CHAPTER 10 - APPROVED
Dr. Brown appeared before the Board and presented a request to the Board for the
creation of a Mental Health and Retardation Board in conjunction with the local governments
of the counties of Clarke and Warren and the City of Winchester. She gave a brief explanatior
of the services rendered by this Board and stated that anything coming before the Board
would have to be approved by the Board of Supervisors and the Winchester City Council.
Mr. Cole stated that an ad hoc committee would make recommendations to the Board
of Supervisors for the three appointees to this Board. This was agreeable to the Board.
Mr. Cole suggested that the names be submitted to Mr. Renalds for the July llth meeting.
Upon motion made by Richard F. Madigan and seconded by Dennis T. Col•e,
WHEREAS, Chapter 10, (Community Mental Health and Mental Retardation Services), of
Title 37.1 (Institutions for the Mentally III; Mental Health Generally) of the 1950 Code of
Virginia, as amended, provides for the establishment of a community mental health and mental
retardation services program; and,
WHEREAS, Section 37.1 of said Code requires the establishment of a Community Mental
Health and Mental Retardation Board when a community mental health and mental retardation
program is established; and,
WHEREAS, it is the desire of the Board of Supervisors of Frederick County, Virginia,
to establish such a program and Board, with the intent of implementing the provisions of the
aforesaid Chapter 10 of Title 37.1 of the 1950 Code of Virginia so amended; now, therefore,
BE IT RESOLVED, That there be established by the Board of Supervisors of Frederick
County, Virginia, in conjunction with the local governnents of the counties of Clarke, and
Warren, and the City of Winchester, a community mental health and mental retardation
services board to be known as the Northwestern Community Mental Health and Mental Retardation
Services Board. It shall be understood that the counties of Page and Shenandoah may join
this program and the Board at a later date if they so desire.
The Northwestern Community Mental Health and Mental Retardation Services Board shall
consist of not less than five (5) or more then fifteen (15) members to be appointed by the
eoardsodf Supervisors of the counties represented and the Council of the City of Winchester.
Initially, nine (9) members shall be appointed on the basis of one (1) representative for
each eight thousand (8,000) people in each jurisdiction involved: Clarke County, one (1);
Frederick, three (3); Warren County, two (2); Winchester, three (3). The members of the
1
1
Board shall serve the following terms for the date of the first appointments:
1/3 members for a period of three years
1/3 members for a period of two years
1/3 members for a period of one year
I
' The term of each member of
the Board after the initial appointments shall be for
three (3) years from January 1 of the year appointed, except that vacancies shall be filled
for the balance of an unexpired term.
The above resolution was passed unanimously.
MR. MICHAEL QUINN INTRODUCED TO BOARD
' Mr. Renalds introduced Mr. Michael Quinn to the Board stating that Mr. Quinn was a
senior student at the University of Virginia working with the Virginia Historic Landmark
Commission.
Mr. Sandy welcomed Mr. Quinn to Frederick County and asked what sort of work he
would be doing in the area.
Mr. Quinn stated that he would be making a survey of the old homes in the county
during the summer.
MANUEL SEMPELES ADDRESSES BOARD IN OPPOSITION TO THE
PROPOSED SEWER PLANTS
Mr. Sempeles appeared before the Board and presented a petition containing the names
of people in the Stonewall District objecting to the sewer plants at the proposed locations;
one at Kernstown, one on Abrams Creek and one on Red Bud Run. He stated that he could not ut,-
' understand why the Board of Supervisors and the City of Winchester could not get together
on one central sewage plant and that an 85% grant could be obtained on a joint venture. He
stated that the main objections of the people to these plants were the contamination of
Abrams Creek, the pollution of Red Bud Run, the odor factor and the affect on property values
of the properties near the plants.
He stated that previously Time Freight had dumped residue into Red Bud -causing
pollution of the creek.
Mr. Sempeles cited a water plant in Fairfax County which was supposed to be
foolproof but in April the plant failed and dumped 1.2 million gallons of raw sewage into
the stream. He stated that the citizens were concerned that this might occur in Frederick
County.
Mr. Sempeles further stated that the County had had three (3) studies made, one by
' McNair, one by Wilson and one by Potter and to date nothing had been done.
Mr. Sempeles said that he felt it was a waste to have a plant in Kernstown as this
plant would only serve General Electric, and three plants of this type would be quite expen-
sive. He said that he felt one central sewer plant would take care of all the areas that
needed service. He appealed to the Board -to consider a regional plant.
' Mr. Sandy stated that the Board was well aware.of the 85% grant available. He
stated that the Board, two years ago, sent their request to the Water Control Board for this
money and when the priorities came down, Frederick County was slated for 1979-1980. Since
that time the priorities have been revised to 1978-79 becuase of the growth of the County and
the work being done between the County and the City to solve the problems. He stated that
the County is on the waiting list and high.on the priorities.
- Mr. Sandy said the plants proposed are stop gap measures until the master plant is
built. He said he felt the regional plant would become a reality if the City and County
worked together. However, he stated that he did not feel the County could ask the citizens
who needed these services to wait until 1979 or 1980 for relief of the problems.
Mr. Sempeles asked if it would not be more feasible to up date the present city
,
facility and Mr. Sandy stated that there were no funds available for updating the present
plant and that this must be done on a regional basis in order to receive the funds.
Several people in the audience voiced objections to the three proposed plants
stating that they felt the cost was exorbitant and the pollution factor was too great.
'M— Sandy thanked the people for their comments.
PUBLIC HEARINGS - REZONING APPLICATIONS
Lenoir City Company - Rezoning Application - Withdrawn;
Mr. Sandy stated that the application of Lenoir City Company of Virginia to rezone
18.07 acres in Stonewall District from A-2 to M-1 had been withdrawn inasmuch as this property
was already zoned M-1 and the rezoning was not necessary.
Robert K. Stickley - Rezoning Application - Tabled:
Mr. Sandy presented the petition of Robert K. Stickley to rezone 27 acres in
Opequon Magisterial District from A-2 to B-1. There was no one present in support of this
application.
Upon motion made by J. Robert Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herin
herein table the rezoning application of Robert K. Stickley to rezone 27 acres in Opequon
,
Magisterial District from A-2 to B-1 inasmuch as no one appeared in support of this
application.
The above resolution was passed unanimously.
James L. Bowman - Rezoning Application - Approved:
Mr. Sandy presented the petition of James L. Bowman to rezone 101.278 acres in
I
Opequon Magisterial District from A-2 to R-2.
Mr. Bowman appeared in support of this application. -
There was no opposition.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve the application of James L. Bowman, et ux to rezone approximately 101.278 acres of
land; located Northeast of Stephens City along Route 642 in the Opequon Magisterial District;
from Agricultural (A-2) to Residential (R-2), Z: A. N. 122.
,
The above resolution was passed uanimously.
James L. Bowman - Rezoning Application - Approved:
Mr. Sandy presented the petition of James L. Bowman to rezone 24 acres in Opequon
Magisterial District from A-2 to R-2.
,
Mr. Bowman appeared in support of this application.
There was no opposition.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein
approve the rezoning application of James L. Bowman et ux to rezone approximately 24 acres of
land; located South of Route 277 on the East side of Route 641 in the Opequon Magisterial
District; from Agricultural (A-2) to Residential (R-2), Z.A.N. 123.
i
1
1
At the Regular Meeting of the Board of Supervisors of the County of Frederick,
Virginia held in the Board of Supervisors- Room, on the 27th day of June, 1973.
PRESENT: Raymond C. Sandy, Chairman; J. Robert Russell, Vice Chairman; Donald R.
Hodgson; Dennis T. Cole; and Richard F. Madigan.
The Chairman called the meeting to order.
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole the minutes
of the Work Session held on June 6, 1973 were approved unanimously.
HIGHWAY DEPARTMENT REPORT
State Route 1314 - Named Hickory Street - Approved:
Mr. Sandy presented a request from the citizens of Darlington Subdivision to name
State Route 1314 Hickory Street.
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
WHEREAS, A request has been received from County Citizens residing along State
Route 1314 to have said road named Hickory Street,
THEREFORE BE IT RESOLVED, By the Board of Supervisors of the County of Frederick,
Virginia, that State Route 1314 be named Hickory Street and that the Virginia Department
of Highways be advised of this action and requested to concur, subject to applicable Highway
Department requirements and regulations.
The above resolution was passed unanimously.
Abandonment of Route 837 - Approved:
Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan,
WHEREAS, The Frederick County Board of Supervisors has been petitioned by a County
Property Owner for the abandonment of a portion of the State Secondary System and railroad
crossing; and,
WHEREAS, due notice of such intent to abandon said road and railroad crossing has
been posted at the front door of the Frederick County Courthouse and along the road to be
abandoned and notice has been published in two (2) issues of a newspaper havingogeneral
circulation in the County, and notice has been given to the State Highway Commission; and,
WHEREAS, no petition has been received from any landowner in Frederick County to
hold a public hearing on such abandonment; and,
WHEREAS, all of the above requirements have been met in accordance with Title
3311, Chapter 1, Article 11, Section 33.1-151, Code of Virginia (1950) as amended,
THEREFORE BE IT RESOLVED, By the Board of Supervisors of the County of Frederick,
Virginia, in accordance with Title 33.1, Chapter 1, Article 11, Section 33.1-151, Code of
Virginia (1950) as amended, that the following section of road and railroad crossing be
hereby abandoned altogether as a public road and public crossing: Route 837 and railroad
crossing from just east of the Penn Central Railroad track crossing Of Route 837 westward
to the eastern most right of way line of Interstate I-81.
The above resolution was passed unanimously.
SCHOOL BOARD RESOLUTION AMENDMENT - APPROVED
Dr. Wright appeared before the Board and requested an amendment to the Transfer of
Funds Resolution passed on June 13, 1973, wherein the Frederick County School Board would
be authorized to use additional funds allocated from the State as well as funds within the
limits of the approved Literary Loan Fund and the Virginia Public School Authority Loan for
school construction.
2
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
BE IT RESOLVED, That the Frederick. County Board of Supervisors amends the resolution
TRANSFER OF FUNDS approved June 13, 1973, as follows:
BE IT FURTHER RESOLVED, That the Frederick County School Board is hereby granted
permission to use any additional funds allocated from the State as well as funds within the
limits of the approved Literary Loan Fund and the Virginia Public School Authority Loan for
school construction.
The above resolution was passed unanimously.
Dr. Wright expressed appreciation to the Board on behalf of the School Board and
the Advisory Board of Dowell J. Howard Vocational School for the traffic lights installed on
Route 7 near the entrance to the road leading to the school.
j Dr. Wright stated that the School Board had approved the bid from Howard Shockey
for the school at Apple Pie Ridge. He stated it was higher than they had anticipated but
they hoped through change orders to reduce the estimate.
COMMUNITY MENTAL HEALTH AND RETARDATION BOARD CHAPTER 10 - APPROVED
Dr. Brown appeared before the Board and presented a request to the Board for the
creation of a Mental Health and Retardation Board in conjunction with the local governments
of the counties of Clarke and Warren and the City of Winchester. She gave a brief explanation
of the services rendered by this Board and stated that anything coming before the Board
would have to be approved by the Board of Supervisors and the Winchester City Council.
Mr. Cole stated that an ad hoc committee would make recommendations to the Board
of Supervisors for the three appointees to this Board. This was agreeable to the Board.
Mr. Cole suggested that the names be submitted to Mr. Renalds for the July 11 th meeting.
Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole,
WHEREAS, Chapter 10, (Community Mental Health and Mental Retardation Services), of
Title 37.1 (Institutions for the Mentally I11; Mental Health Generally) of the 1950 Code of
Virginia, as amended, provides for the establishment of a community mental health and mental
retardation services program; and,
WHEREAS, Section 37.1 of said Code requires the establishment of a Community Mental
Health and Mental Retardation Board when a community mental health and mental retardation
program is established; and,
WHEREAS, it is the desire of the Board of Supervisors of Frederick County, Virginia,
to establish such a program and Board, with the intent of implementing the provisions of the
aforesaid Chapter 10 of Title 37.1 of the 1950 Code of Virginia so amended; now, therefore,
BE IT RESOLVED, That there be established by the Board of Supervisors of Frederick
County, Virginia, in conjunction with the local governments of the counties of Clarke, and
Warren, and the City of Winchester, a community mental health and mental retardation
services board to be known as the Northwestern Community Mental Health and Mental Retardation
Services Board. It shall be understood that the counties of Page and Shenandoah may join
this program and the Board at a later date if they so desire.
The Northwestern Community Mental Health and Mental Retardation Services Board shall
consist of not less than five (5) or more then fifteen 115) members to be appointed by the
Boardsoof Supervisors of the counties represented and the Council of the City of Winchester.
Initially, nine (9) members shall be appointed do the basis of one (1) representative for
each eight thousand (8,000) people in each jurisdiction involved: Clarke County, one (1);
Frederick, three (3); Warren County, two (2); Winchester, three (3). The members of the
1
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L
3
F
1
Board shall serve the following terms for the date of the first appointments:
1/3 members for a period of three years -
1/3 members for a period of two years
1/3 members for a period of one year
I
The term of each member of the Board after the initial appointments shall be for
three (3) years from January 1 of the year appointed, except that vacancies shall be filled
for the balance of an unexpired term.
The above resolution was passed unanimously.
MR. MICHAEL QUINN INTRODUCED TO BOARD
Mr. Renalds introduced Mr. Michael Quinn to the Board stating that Mr. Quinn was a
senior student at the University of Virginia working with the Virginia Historic Landmark
Commission.
Mr. Sandy welcomed Mr. Quinn to Frederick County and asked what sort of work he
would be doing in the area.
Mr. Quinn stated that he would be making a survey of the old homes in the county
during the summer.
MANUEL SEMPELES ADDRESSES BOARD IN OPPOSITION TO THE
PROPOSED SEWER PLANTS
Mr. Sempeles appeared before the Board and presented a petition containing the name!
of people in the Stonewall District objecting to the sewer plants at the proposed locations;
one at Kernstown, one on Abrams Creek and one on Red Bud Run. He stated that he could not ur,
understand why the Board of Supervisors and the City of Winchester could not get together
on one central sewage plant and that an 85% grant could be obtained on a joint venture. He
stated that the main objections of the people to these plants were the contamination of
Abrams Creek, the pollution of Red Bud Run, the odor factor and the affect on property values
of the properties near the plants.
He stated that previously Time Freight had dumped residue into Red Bud.causing
pollution of the creek.
Mr. Sempeles cited a water plant in Fairfax County which was supposed to be
foolproof but in April the plant failed and dumped 1.2 million gallons of raw sewage into
the stream. He stated that the citizens were concerned that this might occur in Frederick
County.
Mr. Sempeles further stated that the County had had three (3) studies made, one by
McNair, one by Wilson and one by Potter and to date nothing had been done.
Mr. Sempeles said that he felt it was a waste to have a plant in Kernstown as this
plant would only serve General Electric, and three plants of this type would be quite expen-
sive. He said that he felt one central sewer plant would take care of all the areas that
needed service. He appealed to the Board ,to consider a regional plant.
Mr. Sandy stated that the Board was well aware.of the 85% grant available. He
stated that the Board, two years ago, sent their request to the Water Control Board for this
money and when the priorities came down, Frederick County was slated for 1979-1980. Since
that time the priorities have been revised to 1978-79 becuase of the growth of the County and
the work being done between the County and the City to solve the problems. He stated that
the County is on the waiting list and high.on the priorities.
2
Mr. Sandy said the plants proposed are stop gap measures until the master plant is
built. He said he felt the regional plant would become a reality if the City and County
worked together. However, he stated that he did not feel the County could ask the citizens
who needed these services to wait until 1979 or 1980 for relief of the problems.
Mr. Sempeles asked if it would not be more feasible to up date the present city
facility and Mr. Sandy stated that there were no funds available for updating the present
plant and that this must be done on a regional basis in order to receive the funds.
Several people in the audience voiced objections to the three proposed plants
stating that they felt the cost was exorbitant and the pollution factor was too great.
'M— Sandy thanked the people for their comments. - -
PUBLIC HEARINGS - REZONING APPLICATIONS
Lenoir City Company - Rezoning Application - Withdrawn:
Mr_ Sandy stated that the application of Lenoir City Company of Virginia to rezone
18.07 acres in Stonewall District from A-2 to M-1 had been withdrawn inasmuch as this propert
was already zoned M-1 and the rezoning was not necessary.
Robert K Stickley - Rezoning Application - Tabled;
Mr. Sandy presented the petition of Robert K. Stickley to rezone 27 acres in
Opequon Magisterial District from A-2 to B-1. There was no one present in support of this
application.
Upon motion made by J. Robert Russell and seconded by Richard F. Madigan,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herin
herein table the rezoning application of Robert K. Stickley to rezone 27 acres in Opequon
Magisterial District from A-2 to B-1 inasmuch as no one appeared in support of this
application.
The above resolution was passed unanimously.
James L. Bowman - Rezoning Application - Approved:
Mr. Sandy presented the petition of James L. Bowman to rezone 101.278 acres in
Opequon Magisterial District from A-2 to R-2.
Mr. Bowman appeared in support of this application.
There was no opposition.
Upon motion made by Richard F. Madigan and seconded by J. Robert Russell;
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herei
approve the application of James L. Bowman, et ux to rezone approximately 101.278 acres of
land; located Northeast of Stephens City along Route 642 in the Opequon Magisterial District;
from Agricultural (A-2) to Residential (R-2), Z: A. N. 122.
The above resolution was passed uanimously.
Janes L Bowman - Rezoning Application - Approved:
Mr. Sandy presented the petition of James L. Bowman to rezone 24 acres in Opequon
Magisterial District from A-2 to R-2.
Mr. Bowman appeared in support of this application.
There was no opposition.
Updn motion made by Richard F. Madigan and seconded by J. Robert Russell,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herei
approve the rezoning application of James L. Bowman et ux to rezone approximately 24 acres of
land; located South of Route 277 on the East side of Route 641 in the Opequon Magisterial
District; from Agricultural (A-2) to Residential (R-2), Z.A.N. 123.
F
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6/14/23, 12:07 PM Sra
543
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TTA•RRRRATR■RAi►M►iAA►A►RAAA#AAAA►AATA
#1539
JAME3 ALVIN RACEY
TO II'' DEED A
JAMES L. ' BO�IMAN ET l7X ►
AATTRTATMM T#;,###;;*;;;;#;;;T►RRRRA
saux 312 `ACE 543
THIS DEED made this /�L day of July, 1965, between James
Alvin Racey (divorced) party of the first part, hereafter celled
the Orantor, and James L, Bowman and Mary Jane Bowman, his wife$
parties of the second part, hereafter called the Grantees:
VITNESSETH: That for and in consideration of the sum of Ten
Dollars ($10.00) cash in hand paid and other valuable consideratio
receipt whereof is hereby acknowledged, the Grantor does hereby
grant and convey with General Warranty of Title unto the said
parties of the second part jointly with the common-law right of
survivorship, all of that certain tract or parcel of land con-
taining 17 (seventeen) acres, more or less, together with all
rights, privileges and appurtenances thereto belonging, lying and
being situated along the East side of Double Churches Road about
two miles South of Stephens City in Frederick County, Virginia,
qnd being all the land conveyed by. Richard F. Madigan et ux, by
deed to James Alvin Racey, dated February 3, 1965 and recorded in
the Office of the Clerk of the Circuit Court of Frederick County,
Virginia, in Deed Book 312, page 461, therein.described as being
bounded on the 'South by the land of Lawrence Xodegan, on the East
by Leroy Franklin; andr,on the North by Thomas P. Madegan; and
being all of the land acquired by James Alvin Racey by the afore-
said deed of Richard F. Madigan, at ux. A reference to said Deed I
and to the referenced therein contained Is hereby made for a more I�
particular description of the property herein conveyed. Reference
Is also made to deed of Patrick C. Madegan, at ux, dated January 1
1962 and recorded in said Clerks Office in Deed Book 292, page
186, conveyed to Richard F. IAadegan the life interest reserved by
Petrick C. Hadegan, at ux in a deed dated May 16, 1946.
i
Tbis conveyance is made subjeot to the restrictions, ease-
ments and building lines of record, if any, affecting the afore-
said realty.
https://risweb.vacourts.gov/jsra/sra/#/bs2search/search 1/1
6/14/23, 12:08 PM
.5�
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--mi
Boax 312 ?Am 54.1
The Grantor covenants that he has the right to convey said
realty to the aforesaid Grantees;. that the Grantees shall have
quiet poasession of the said land, free from ell encumbrances;
that '.he:: base. done no act to encumber the said realty and that
he will execute euch further assurances of title as may be
requisite.
WITNESS the following signature: and seal::
i mes v n tacey (SEAL)
STATE OF VIRGINIA,
COUNTY OF FREDERICgt to -wit:
hl
& 41 a Notary.Public of and
for the Stat and County aforesaid, do hereby certify that James
Alvin Hacey whose name is signed to the foregoing Instrument,
bearing date of the 4& day of July, 1965, has acknowledged the'
same before me In my State and County aforesaid.
Given under my hand this _ day of July, 1965.
MY commission expires �.. /;2 _ (� P1
I
• any c
vmotw" Fg.Df.^,CX
71i. ►ulrvmenr of .mine p.od�e- b ww vi .na —L!L day of
of , and with cwhifxale f od rA.Apm erero ad ww miffed
10 r d, ,
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https://risweb.vacour-ts.gov/jsra/sra/#/bs2search/search
395
PUBLIC HEARING - REQUEST TO EXTEND SEWER SERVICE TO THE
WHITFIELD SUBDIVISION, LOCATED ON THE EAST SIDE OF DOUBLE
CHURCH ROAD (ROUTE 641), APPROXIMATELY 3/4 MILE SOUTH OF
FAIRFAX PIKE (ROUTE 277) IN THE OPEQUON MAGISTERIAL DISTRICT
AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 86A-2 AND
86A-3, ALL LOTS. (POSTPONED FROM SEPTEMBER 22, 1999 BOARD
MEETING). - APPROVED
Assistant Planning Director Evan Wyatt presented this request to the Board.
Supervisor Sager questioned a statement made by the Health Department as to whether a
certain area would perk.
Jim Petry, representing Jasbo, appeared before the Board to address any questions the Board
might have.
Supervisor Smith referred to a letter addressing failing septic systems in this sub -division
advising that he was not aware of this.
Ed Hamilton, resident of Whitfield Subdivision, appeared before the Board and advised this
request was being done in order to develop seven lots.
Sharon Catlett, resident of Whitfield Subdivision, appeared before the Board stating that
she is totally opposed to this request.
Herbert Painter, lives across from Whitfield Subdivision, and is totally opposed to this
request.
Dr. Bruce Welsh, area resident, asked the Board to make sure the appropriate system is
installed.
Supervisor Orndoff stated that this was not in the Urban Development Area, and he would
like to know what the difference between this request and the request Chairman Longerbeam made
of the planning staff at a recent meeting concerning farm land.
Chairman Longerbeam explained the difference between his earlier request to the planning
staff and the request that was before the Board at this time.
Supervisor Shickle explained what he remembered when he was on staff with the county
sanitation authority and when Whitfield Subdivision was developed.
Supervisor Sager stated that approximately 15 years ago water was provided to this area ;
however, sewer was not, and there are failing systems in this area.
Upon motion made by Supervisor Sager, seconded by Supervisor Shickle, the request to
extend sewer service to the Whitfield Subdivision located on the East side of Double Church Road
Board of Supervisors Meeting of 12/08/99
Minute Book Number 26
396 1
(Route 641) for seven lots only was approved by the following recorded vote:
James L. Longerbeam - Abstained
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Nay
Robert M. Sager - Aye
Charles W. Orndoff, Sr. - Nay
BOARD OF SUPERVISORS COMMENTS
Chairman Longerbeam thanked his fellow board members for all their assistance during these
past eight years of his serving on the board of supervisors. He thanked his family for allowing him
the time to serve in this capacity and also the staff at Crum Realty, especially Alice VanMeter, his
secretary. He thanked John Riley and the county staff for an outstanding job. He also thanked the
citizens of Frederick County for allowing him this opportunity.
UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR
ORNDOFF, THERE BEING NO FURTHERBUSINESS TO COME BEFORE THIS BOARD
THIS MEETING IS HEREBY ADJOURNED (TIME: 9:25 P.M.).
James L. Longer eam Jo . Riley, Jr.
Chairman, Board of Supervisors Clerk, Board of Supervisors
Minutes Prepared By:
Carol T. Bayliss
Deputy Clerk, Board of Supervisors
Board of Supervisors Meeting of 12/08/99
Minute Book Number 26
4jo,�
BOCK 324 PkCE 410
SFCTYr;1 I
0"-F-n"O" DISTR;CT
F1 i7n, rX CC.j!,j
V 1 A
IDN
hereb7 cortify tit the plon
Own here ep is a Slitdivision 04
Pf%--t of.th---- Inud conveyed tags Jr--"�193
Alvin Racey to Jer.,i�%3 L. Bowman by 0 09
ratWenred jui-7 i9s 1965 and recorded .1
in the Lmnd Records of Fraderie!k
Courty V;Lr91,ViA in Deed Book
At Page f-
Ot
k
0 QuEiiila R. Shertt.
CERPFITATE t-o Or
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APPROVED.
LOTS APPROVED 04 INDIVIDUAL BASIS Oiny.
Wint
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Fweder
1ARONIA WDUCK CWM, SCT.
MOM of Writifto was Produced to ras on the 1hil MWIN day of
19
1 4 � Y011, ckno �,,,Sd,,,;,enteVr to annexed
and with certificate f kn d as adm&od
to f0cotd,
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W H I T F I E L D
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SECTIO^7 2
"'b ro OPEqUUON DISTRICT
FREZERICh COUNTY
SUTWEYOR° S CERTIFICATE
"� I herehy corti fy that, the plba
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� shown hereon is a' subdivision of
theremainder of the .land conveys:d
by James Arvin Racey to James
z „ Bowman by Deed dated July 1:),19(-5
and recorded in the laid records
of Frederick County Virg!.nia in
Doed Brook 312 at Pe e 543.
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Thrs Instrument of writing wos produced to me on ►fiedoy of I `
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W H I T F -I E-L D
FCTXON 2
OPEQUON DISTRICT
FREDERICK COUNTY
VIRGINIA
Scale 1"x 100, May 1968
SURVEYOR'S CERTIFICATE
I hereby certify that the plba
shown hereon is a'subdivision of
the remainder of the lend conveyed
by ,Tames AJ.vin Racey to James L.
Bovm3n by Deed dated July 19,1965
and recorded in the land records
of Frederick County VirFinin in
Deed Hook 312 at Pa e SG,
May 20, 196$/// �1*
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54.17.3(b)153 4
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QUENTIN R. SEVITT
CERTIFIED LAND S,,.RVMR
BO`EC:F, i'iRWZA
ViRC '11 FREDERICK COUNTY, SLY. V blOf
� Y •� / i�„�..
This Instrument of writing was paoduced to m® on the daY
at , �';�', i) lam, and with cerht,c • of cknowtodgmont thereto b, xod 4a adr»ltfod
to record,
- C1mtOc.
sti!W►&s�i'k�a;....r. r P� * tidy: ,i�F' i xrt',y:.:iri,,._. r -
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Evan A. Wyatt, Deputy Planning Director `140
RE: Whitfield Subdivision Sewer Extension Request
DATE: December 1, 1999
The Comprehensive Plans and Programs Subcommittee (CPPS) considered a request to allow for the
extension of public sewer service to the Whitfield Subdivision during their August 9, 1999 meeting.
Mr. Jim Petry, Jasbo, Inc., Vice President of Development, presented the request to the CPPS which
entailed the extension of a two-inch pressurized sewer line from the Woodside Estates pump station
under Double Church Road (Route 641) into the Whitfield Subdivision. Mr. Petry advised the CPPS
that their soil scientist has advised Jasbo, Inc., that the soil conditions will not meet Health
Department standards for approved drainfield systems and that existing systems may be failing. Mr.
Petry stated that Jasbo, Inc., would provide all necessary easements to allow for other property
owners within the Whitfield Subdivision to tie into the two-inch pressurized line should this request
be approved by the Board of Supervisors.
Staff has discussed this issue with Mr. Wellington H. Jones, Frederick County Sanitation Authority
(FCSA) Director. Mr. Jones advised staff that public sewer service of a limited capacity as proposed
by Mr. Petry could accommodate the Whitfield Subdivision; however, the FCSA would desire to
evaluate the current system and the general area to be served. It should be noted that the Whitfield
Subdivision has been provided with public water service; therefore, there is the ability for all property
owners to connect to this system should well contamination occur within the subdivision.
The CPPS recommended by majority vote that the extension of public sewer service should not be
provided to the Whitfield Subdivision at this time. The majority of the CPPS felt that this would set
a precedent for residential land use that would be followed by others. The CPPS also felt that the
claim of failing drainfield systems should be substantiated by the Health Department before a decision
107 North Kent Street • Winchester, Virginia 22601-5000
Page -2-
Whitfield Memo
December 1, 1999
to serve the Whitfield Subdivision is made. One member of the CPPS felt that it may be appropriate
to allow for limited public sewer service to this subdivision to ensure that new residential
development continues within platted subdivisions and not on five -acre lots.
At the Planning Commission's meeting of September 1, 1999, a resident of Whitfield Subdivision and
a resident along Double Church Road were present to speak regarding this request. The resident
from Whitfield Subdivision had concerns about the cost and reliability of a pump system in this area
and preferred the installation of a gravity -fed sewer system which is the preferred alternative of the
FCSA. The resident on Double Church Road, who was already supplied by municipal water,
suggested an alternative option of hooking up to the Frederick County Sanitation Authority's sewer
system.
Some members of the Commission were of the opinion that this area had too high a density of
development to be on septic tanks, especially because of all the shale, and that the Commission had
an obligation for good planning and good environmental stewardship to allow the extension of
service. It was pointed out that if a homeowner's septic system failed, he would at least be able to
take advantage of the availability of the line, which would be available at a somewhat reduced
expense because of Jasbo, Inc.'s installation of the line. Other members shared that opinion, but were
concerned about setting a precedent.
The Commission recommended approval of extending the sewer to Whitfield Subdivision by the
following majority vote:
YES (To Approve): Miller, Stone, Ours, Thomas, Romine, Morris
NO: Wilson, Marker, Copenhaver, Light, DeHaven
Please find included under this agenda item a letter from Mr. Petry to Mr. Kris C. Tierney, dated July
19, 1999, a location map and plat map depicting the Whitfield Subdivision, property ownership
information, memorandums from the Lord Fairfax Environmental Health District dated October 2,
1997 and August 4, 1999, a memorandum from the Frederick County Sanitation Authority, dated
December 1, 1997, a letter from John and Sarah Stelzl, dated September 6, 1999, and a general
design plan delineating the proposed location of the two-inch pressurized sewer line within the
Whitfield Subdivision. This item has been advertised as a public hearing for final disposition by the
Board of Supervisors.
U:\Evan\Common\Comp Plan\ W atrSewr\SewerExtensionRequestForW hitSeldSubdivision-BOSMemo.wpd
JASBO, INC.
P. O. BOX 6
STEPHENS CITY, VA 22655
July 19, 1999
Mr. Kris C.,Tierney, AICP
Director of Planning & Development
County of Frederick
107 North Kent Street
Winchester, VA 22601
Dear Kris:
On several occasions, we have discussed the Whitfield Subdivision on
Route 641 south of Stephens City. These discussions involve the lack of
sewer service to that subdivision.
We are advised that there are a number of failing drainfields within the
subdivision. We currently own seven lots which we have paid taxes on for
years that are unbuildable for lack of a perk site. The subdivision currently
has water service from FCSA.
I have discussed this matter with Mr. Wendy Jones of FCSA and he is in
agreement that sewer service could be extended to this subdivision. We
are asking the County to take whatever action is necessary allowing us to
extend this service. Should there be any questions you can reach me at
662-7980.
incerely,
im Petry
Vice President — Development
P. O. Box 888
Winchester, VA 22604-0888
Enclosure
cc: Mr. Wellington H. Jones, FCSA
Mr. James L. Bowman, President, Jasbo, Inc.
Ar. Evan Wyatt
Whitfield Subdivision Sewer Extension Request
11R IrF I ELD
\ `
'a;''.. a
•�" . ,.3'.. r c SflCTI09 2
' 4� �'.'` �`• +� OPEQUON DISTRICT
FRFDERICX COMITY
VIRCI:IIA
C' • a� I� Senla 1"a 100, ev 1 g
SURVEYOR'S CERTIFICATE
I hereby cortify that the lsa aL, ` a
ohovn hrronn 1a a•eubdSvlalon of
�Qa, tho remainder of the land convoyed
a S by Jamon Alvin Racoy to'Jnmcr L.
Bovaon by Wad datod July 14,1965
{{ 1 1� •�, and racordad in the load records
of Frodorlck County Vlrelnla in
2G4ltI� Dood Book 312 at Po 0 543.
o
1
r yt ��i. �2 ray �' ✓'•/
Quentin 14 Shortt
a. e f F17+~S•� {°° filED:fi!i iC :^12Si •' !If 1a;1
glt_ 24rN
7 D �9
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. ,.: � N to � rA• �,� �./
7
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x
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,, ` �� S/•UJIoi1S3 04
T oC 2 gyp, A APO LAND psi
i< shs/..* dIP1 g3Lf A37�ii' %p��
' 7. /�to9 lsa, 3�b izsse 2L47 /sPti:s",� QUENTIN S}t0?TT
B 2xso Bs.o y'S, �G"0 1W� p'n'N n � � —4 CERTIFIED LANO M1'iVEYDR
esc a:..e iZ' .NJz &je ,ram>re BOt10E, VIl,r"„a
etc B4oJ SA17 fa / /
WHITFIELD SUBDIVISION OWNERSHIP INFORMATION
86A-2-A-2
James L. Bowman
86A-2-A-3
James L. Bowman
* 86A-2-A-4
Tilden L. & Rosa Lee Neff
86A-2-A-5
James L. Bowman
86A-2-A-6
James L. Bowman
* 86A-2-A-7
Charles S. Shepard
86A-2-A-8
Floyd L. & Kay Y. Rosenberger
86A-2-B-4
Barbara Metz
86A-2-B-5
Barbara Metz
86A-2-B-6
Bruce A. Lineweaver, Jr.
* 86A-2-B-7
Bruce A. Lineweaver, Jr.
* 86A-2-B-8
Gary E. Steele
* 86A-2-B-9
Joseph F. Collette
* 86A-2-B-10
Steve T. Harman
* 86A-2-B-11
Robert A. & Lori C. Hruska
* 86A-2-B-12
John D. & Linda H. Petrie
86A-2-B-13
Charles O. Neff
* 86A-2-B-14
Raynard R. Weisgerber
86A-2-B-15
James L. Bowman
86A-3-A-1 James L. Bowman
* 86A-3-A-9 Edison G. Hamilton
* 86A-3-A-10 Floyd L. & Kay Y. Rosenberger
* 86A-3-B-1 Barbara Metz
* 86A-3-B-2 Lewis D. & Betty J. Haines
* 86A-3-B-3 Herbert Lee Edmonds, Sr.
86A-3-B-18 James L. Bowman
NOTE:
1) * Indicates properties that have improved residential values.
2) Whitfield Subdivison contains 26 lots of which 14 lots have improved residential
values.
5
Lord Fairfax Environmental health District
107 N. Kent St.
�P. O. Box 2056
Winchester, Virginia 22604
o (540) 722-3480 FAX (540) 722-3479
Counties of Clarke, Frederick, Page, Shenandoah, Warren. and City of Winchester
TO: Evan A. Wyatt, Deputy Planning Director, Frederick County
`,v ,
FROM: John Dailey, Environmental Health Specialist, Frederick Co. Health
Dept.
THROUGH: Kelly Vanover, Environmental Health Manager, Lord Fairfax Health�ZL,�
District
RE: Whitfield Subdivision Sewer Extension
DATE: October 2, 1997
In response to your 10/1/97 request, I have reviewed the health department's permit files
for the Whitfield Subdivision. I found no record of any repair applications submitted or
repair permits issued for this subdivision. Of course, this does not mean that no
drainfields are failing in this area. It only indicates that the property owners have not
contacted us concerning repairs.
If you have any questions or require additional information, please contact me or Karl
Evans, Environmental Health Supervisor for Frederick and Clarke Counties.
cc: Karl Evans
6
Lord Fairfax Environmental Health District
107 N. Kent St.
gyp. P. O. Box 2056
Winchester, Virginia 22604
® (540) 722-3480 FAX (540) 722-3479
Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester
August 4, 1999
RE: Whitfield Sub -division
Frederick County Office of Planning and Development
Attn: Evan Wyett
107 North Kent St.
Winchester, VA
Dear Mr. Wyett:
Per your request, I have reviewed our files specifically searching for information relating
to the Whitfield Subdivision that was generated after October of 1997. The Health
Department files do not indicate the issuance of any permits (either new or repair) or any
complaint investigations relating to malfunctioning sewage disposal systems after
October of 1997. I hope that this information is helpful to you. If you have any other
questions relating to this situation, please call at any time.
Pc:
Kelly Vanover, E.H. Manager
Sincerely,
Karl E. Evans
Environmental Health Supervisor
AUG 0 5 1999
DEPT, OF PLANNING/DEVELOPMENT
FREDERICK COUNTY
SANITATION AUTHORITY a
POST OFFICE BOX 1877 Ph. (540) 868-1061
WINCHESTER, VA 22604-1877 Fax. (540) 868-1429
TO: Evan A. Wyatt, Deputy Planning Director
FROM: John G. Whitacre, Engineer sT� !!/
SUBJECT: Service Area Expansion Request
DATE: December 1, 1997
In response to the questions you asked about the 107 acre tract and Whitfield Subdivision:
I. 107 acre tract
A. I see no adverse impact to our water and sewer system if this acreage is developed as
commercial or high -residential area.
B. We have sufficient water and sewer capacity to serve this area.
C. Sewer in this area could be pumped north, west, or in both directions. If pumped north,
it would be discharged into a manhole. The existing lines would not need to be
increased in size.
If pumped west, the sewage would go to the Woodside Estates pump station. Depending
on the usage of the tract, this pump station might have to be upgraded. The developer
would bear the cost of the upgrade. The existing six-inch force main from the Woodside
Estates pump station is large enough to handle the increase in flow.
If pumped east, (to the Sherando High School pump station), the station would have to
be upgraded. It is possible that a new station would be required. The six-inch force
main is of adequate size to handle the increased flow.
D. I see no additional infrastructure being required.
H. Whitfield Subdivision
A. I see two methods of providing sewer service:
1. A gravity sewer system for the lots with all lines draining to a pump station This
small station would discharge into the Woodside Estates pump station
OFFICE. 315 MACEDONIA CHURCH ROAD
WATER AT YOUR SERVICE
Evan A. Wyatt
December 1, 1997
Page 2
2. Each lot discharging into a force main, that in turn discharges into the Woodside
Estates pump station Each home would need its own grinder pump. The owner
would install and maintain his own unit. Each pump would have to be sized so it
could discharge into the force main while other pumps are also pumping.
We prefer the gravity line/pump station system.
B. The force main from Woodside Estates pump station is sic -inches in diameter.
C. There is adequate sewer capacity to serve these twenty-seven lots. The Woodside Estates
station would not have to be upgraded.
D. The sewer connection fees would be $2,065 per home.
/ths
FAIRVIEW - SPRINGHILL FARMS���
John and Sarah Ste1z1
560 Grim Road
Stephens City, Virginia 22655 Art
Home (540) 869-0643
Office/Fax (540) 869-1327
e-mail stelzl@visualhnk.com
��rfy
September 6, 1999
: a�
Mr. Robert Sager
Opequon District Supervisor
120 Harmon Place
P.O. Box 1090',��
Stephens City, Virginia 22655��7-
tZti�
Dear Mr. Sager,
We are writing to you in regard to the proposed sewer extension to Whitfield
Subdivision, on Double Church Road. We would like to voice our support of those on
the Comprehensive Plans and Programs Subcommittee and those Planning Commission
members who voted to deny the request. The reasons for denying this request are well
grounded as pointed out in the September 2, 1999 Winchester Star:
1. No subdivision residents requested it
2. The subdivision lies outside of the UDA
3. A very damaging precedent would be set
4. The County is not responsible to insure the success of businesses (only to zone for
them).
At the annual dinner meeting between the Board of Supervisors and the County
Farm Bureau held this past spring, an interesting point was surfaced. The topic of urban
growth was discussed and it was noted that most of the building taking place in Frederick
County was occurring outside of the UDA. This same fact was mentioned in Kris
Tierney's Open Forum letter earlier this summer. Clearly this is an issue of concern.
Locating more development outside of the UDA will only create an image of poor
planning on the County's behalf, weaken the integrity of zoning, as well as serve to over
extend and stress infrastructure meant for land inside the UDA (much of which is yet to
be developed).
The fact that this request has made it this far is almost humorous when you view
number 4 above from the perspective of farmers. The County is certainly not responsible
for insuring the success of business decisions. Our farm is zoned for agriculture just as
Whitfield is zoned for houses. Some of our farmland is unable to produce corn or alfalfa
just as some of Whitfield is unable to be built upon. Imagine how ridiculous we would
seem if we asked the Board to extend measures to us that would make our investment
profitable. We made a conscious decision to farm this land just as Jasbo Inc. made a
conscious decision to invest in his land.
Finally, it is our grave concern that this extension will eventually allow sewer to
extend further down Double Church Road (regardless of the specifications of pipe size,
etc.) to enable the development of many open acres. One need only to travel in the area
of the intersection of Double Church Road and Route 277 in the mornings or evenings to
see that the growth in this vicinity has created many problems. As we have said before,
we can understand (and respect) that the county has no choice but to allow the rezoning
and development of land in the County designated UDA. However, this situation clearly
calls for the County to say NO and control rampant residential growth where it legally
and morally can.
We respectfully request that on September 22, 1999 or at any other point in time
that you deny this and other such requests for sewer extension outside of the UDA.
Thank you for your time and consideration of this issue.
Sincerely,
John and Sarah Stelzl
cc: James Longerbeam, Chairman
Richard C. Shickle
Margaret B. Douglas
W. Harrington Smith
Charles W. Orndoff, Sr.
John Riley, County Adminisrator
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COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
MEMORANDUM
TO: Frederick County Board of Supervisors
The Comprehensive Plans and Programs Subcommittee (CPPS) considered a request from Mr.
Jim Petry to allow for the extension of sewer service from the Sewer and Water Service Area
(SWSA) to the Whitfield Subdivision. Mr. Petry advised the CPPS that the subdivision is
experiencing failing drain field systems and that perk sites for undeveloped lots cannot be
achieved; therefore, extending service would be the only option for developing the platted,
undeveloped lots. Mr. Petry told the CPPS that James L. Bowman would make service available
to all lot owners within the Whitfield Subdivision via a pressurized, two-inch force main system
that would ultimately connect with a six-inch force main and pump station utilized for the
Woodside Estates Subdivision located just to the northwest. Mr. Petry stated it would be the
responsibility of individual lot owners to pay the required tap fees and install the grinder pumps
that would be required for this system. It should be noted that the Whitfield Subdivision is served
by public water; therefore, there is not a potential for well contamination within the subdivision.
The CPPS acknowledged the fact that sewer with limited capacity has been extended outside of
the SWSA on occasion; however, this was done to accomodate existing industrial, business, and
institutional uses. The CPPS felt that there was not a compelling reason to extend sewer service
at this time and stated that they did not want to set a precedent to extend sewer service outside of
the SWSA for uses other than existing industrial, business, and institutional.
At the December 17 Planning Commission meeting, three area residents and the President of the
North Valley Agricultural Issues Association and Vice President of the Frederick County Farm
Bureau came forward to speak in opposition to the extension of sewer. They were concerned
about the precedent that would be set by approving the request for future sewer extensions and
further development of the area; and secondly, concern was raised that multi -family units would
be placed on the remaining seven lots.
107 North Kent Street • Winchester, Virginia 22601-5000
Page 2
Board of Supervisors 03/03/98 Mtg.
Re: Whitfield Subdivision Sewer Service Extension Request
February 25, 1998
The majority of the members of the Planning Commission were not in favor of extending the
SWSA simply to develop the remaining seven lots in the Whitfield Subdivision, especially because
of the precedent it would set in that area for additional development. On the other hand, a few
Commission members believed that the opportunity should be seized to fix the failing septic
problems of area homeowners, if indeed there were problems. These Commissioners felt that the
system could be designed for a two-inch force main and could contain restrictions that no
connections be permitted past the existing development. The Commission voted to recommend
denial of the request by majority vote.
Please find included under this agenda item a letter from Mr. Jim Petry to Mr. Kris C. Tierney,
dated September 18, 1997, a location map and plat map depicting the Whitfield Subdivision,
property ownership information, a memorandum from Mr. John Dailey, dated October 2, 1997,
a memorandum from Evan A. Wyatt to Wellington H. Jones, dated November 17, 1997, with a
response memorandum dated December 1., 1997, and a plan which depicts the proposed layout
for the pressurized, two-inch force main system within the Whitfield Subdivision. Staff asks that
the Board of Supervisors consider this request for final resolution.
EAW/rsa
Attachments
FILE: U:\EVAN\COMMON\CPMwHrmLD.BOs
Whitfield Subdivision Sewer Extension Request
JASSO, INC.
P. 0. BOX 6
STEPHENS CITY, VA 22655
September 18, 1997
Mr. Kris C. Tierney, AICP
Director of Planning & Development
County of Frederick
107 North Kent Street
Winchester, VA 22601
Dear Kris:
On several occasions we have discussed the Whitfield Subdivision on
Route 641 south of Stephens City. These discussions involve the lack of
sewer service to that subdivision.
We are advised that there are a number of failing drainfields within the
subdivision. We currently own seven lots which we have paid taxes on for
f years that are unbuildable for lack of a perk site. The subdivision
currently has water service from FCSA.
I have discussed this matter with Mr. Wendy Jones of FCSA and he is in
agreement that sewer service should be extended to this subdivision. We
are asking the County to take whatever action is necessary allowing us to
extend this service. Should there be any questions you can reach me at
662-7980.
Sincerely,
JASBO, INC.
Jii Pet
ry
Vice President - Development
P. 0. Box 888
Winchester, VA 22604-0888
Enclosure
cc: Wellington H. Jones, FCSA
James L. Bowman, President, Jasbo, Inc.
3
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Of the remainder of the lend conveyed
by Jemos Alvin Racoy to June, L.
BOVm]a by Dead dated July 10,1•ihj
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WHITFIELD SUBDIVISION OWNERSHIP INFORMATION
Prosy Identification Number
86A-2-A-2
Prosy Owner
James L. Bowman
86A-2-A-3
James L. Bowman
* 86A-2-A-4
Tilden L. & Rosa Lee Neff
86A-2-A-5
James L. Bowman
86A-2-A-6
James L. Bowman
* 86A-2-A-7
Charles S. Shepard
86A-2-A-8
Floyd L. & Kay Y. Rosenberger
86A-2-B-4
Barbara Metz
86A-2-B-5
Barbara Metz
86A-2-B-6
Bruce A. Lineweaver, Jr.
* 86A-2-B-7
Bruce A. Lineweaver, Jr.
* 86A-2-B-8
Gary E. Steele
86A-2-B-9
Joseph F. Collette
* 86A-2-B-10
Steve T. Harman
* 86A-2-B- I I
Robert A. & Lori C. Hruska
* 86A-2-B-12
John D. & Linda H. Petrie
86A-2-B-13
Charles 0. Neff
* 86A-2-B-14
Raynard R. Weisgerber
86A-2-B-15
James L. Bowman
86A-3-A-1
James L. Bowman
* 86A-3-A-9
Edison G. Hamilton
* 86A-3-A-10
Floyd L. & Kay Y. Rosenberger
* 86A-3-B-1
Barbara Metz
* 86A-3-B-2
* 86A-3-B-3
Lewis D. & Betty J. Haines
86A-3-B-18
Herbert Lee Edmonds, Sr.
James L. Bowman
NOTE:
1) * Indicates properties that have improved residential values.
2) Whitfield Subdivison contains 26 lots of which 14 lots have improved residential
values.
Lord F irfax Environmental "ealth District
107 N. Kent St.
P. O. Box 2056
Winchester, Virginia 22604
(540) 722-3480 FAX (540) 722-3479
Counties of. ClarkA Frederick Page, Shenandoah, Warren, and City of Winchester
TO: Evan A. Wyatt, Deputy Planning Director, Frederick County
FROM: John Daile}t, E vironmental Health Specialist,
Frederick Co. Health
Dept.
THROUGH: Kelly Vanover, Environmental Health Manager, Lord Fairfax HealthgL'---
District
RE: Whitfield Subdivision Sewer Extension
DATE: October 2, 1997
In response to your 10/1/97 request, I have reviewed the health department's permit files
for the Whitfield Subdivision.I found no record of any repair applications submitted or
repair permits issued for this subdivision. Of course, this does not mean that no
drainfields are failing in this area. It only indicates that the property owners have not
contacted us concerning repairs.
If you have any questions or require additional information, please contact me or Karl
Evans, Environmental Health Supervisor for Frederick and Clarke Counties.
cc: Karl Evans
JD/jd
• /'_ � •� 1 Win. .
V
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• 2.
COUNTY of FREDERICK
w
ca
Department of Planning and Development
5401665-5651
rm.
FAY: 540/ 678-0682
MEMORANDUM
TO: Wellington H. Jones, Director, Frederick County Sanitation Authority
FROM: Evan A. Wyatt, Deputy Planning Director
RE: Service Area Expansion Request
DATE: November 17, 1997
The Frederick County Comprehensive Plans and Programs Subcommittee (CPPS) considered two
requests for sewer service to properties located outside of the current service area. The first
request pertained to the extension of sewer service to the Whitfield Subdivision located on Double
Church Road. The second request pertained to the expansion of the Urban Development Area
(UDA) and the Sewer and Water Service Area (SWSA) to include the Conner tract located on the
south side of Fairfax Pike and on the east side of Double Church Road.
f
Enclosed is a map of the area in which these properties are located. It would be beneficial to
receive the following information from your department:
• What would be the impact to the current system if the 107.42 acres highlighted in green
was placed into the UDA and SWSA (it is anticipated that this acreage would be developed
as commercial and higher density residential uses)? Is there sufficient capacity to
accommodate this acreage? Would service to this acreage have to be pumped to the north,
the west, or in both directions? Would upgrades be required to the current pump stations
and force mains to accommodate this acreage, and would additional infrastructure be
required?
• What scenarios could be developed to serve the 27 lots in the Whitfield Subdivision? Is
there a scenario that is preferred by the FCSA? Is the force main which serves Woodside
Estates a four -inch or a six-inch line? Would there be adequate capacity to accommodate
service to the 27 lots highlighted in green? What fees would be required by the FCSA for
each lot owner to tie into this system?
Our department will present these requests to the Planning Commission on December 17, 1997;
therefore, it would be beneficial to receive this information by December 3, 1997. Please contact
me if you require additional information or have any questions regarding the information in this
memorandum. Thank you for your assistance regarding this matter.
7
107 North Kent Street •Winchester, Virginia 22601-5000
' " 'FREDERICK COUNTY
SANITATION AUTHORITY
POST OFFICE BOX 1877
WINCHESTER, VA 22604-1877
TO: Evan A. Wyatt, Deputy Planning Director
FROM: John G. Whitacre, Engineer Ag !!/
SUBJECT: Service Area Expansion Request
DATE: December 1, 1997
Ph. (540) 86 -1061
Faz. (540) 868-1429
In response to the questions you asked about the 107 acre tract and Whitfield Subdivision:
W,
I. 107 acre tract
A. I see no adverse impact to our water and sewer system if this acreage is developed as
commercial or high -residential area.
B. We have sufficient water and sewer capacity to serve this area.
C. Sewer in this area could be pumped north, west, or in both directions. If pumped north,
it would be discharged into a manhole. The existing lines would not need to be
increased in size.
If pumped west, the sewage would go to the Woodside Estates pump station. Depending
on the usage of the tract, this pump station might have to be upgraded. The developer
would bear the cost of the upgrade. The existing six-inch force main from the Woodside
Estates pump station is large enough to handle the increase in flow.
If pumped east, (to the Sherando High School pump station), the station would have to
be upgraded. It is possible that a new station would be required. The six-inch force
main is of adequate size to handle the increased flow.
D. I see no additional infrastructure being required.
H. Whitfield Subdivision
A. I see two methods of providing sewer service:
1. A gravity sewer system for the lots with all lines draining to a pump station This
small station would discharge into the Woodside Estates pump station
8
OFFICE. 315 MACEDONIA CHURCH ROAD
WATER AT YOUR SERVICE
• t
John T. Stelzl
Telephone (540) 869.0643
560 Grim Road
Stephens City, Virginia 22655
October 12, 1997
Evan Wyatt, Deputy Director
Frederick County Planning Department
107 North Kent Street
Winchester, VA 22601
Dear Evan:
It has recently come to my attention that two requests will be brought before your
committee. One request deals with expanding the Urban Development Area to include the
Preston Conner tract in Stephens City. The other is the extension of sewer service to
Whitfield Subdivision on Double Church Road. It is evident that this corner of the county
is growing tremendously. What may not be evident is that this area still has a lot of rural
areas remaining. The proposals in question definitely he in border areas. Open and
agricultural lands in this part of our county are diminishing due in part to development
pressures.
I would request that you carefully consider (which I know you will) the negative
impact that these two changes could have in this area. This scenario of UDA and RA
lands next to each other can be likened to the smoking and non-smoking sections of a
restaurant: even if you are in non-smoking, the smoke will drift into your area if the two
are not strategically placed and carefully screened. I simply request that you control this
urban drift.
Sincerely,
John Stelzl
PERMIT FOR WATER DISTRIBUTION MAIN AND SERVICE LATERALS
LOCATION: Whitfield Avenue
Opequon District, Frederick County, Virginia
WHEREAS, Frederick.County Sanitation Authority (the Authority)
desires to construct, operate and maintain a water distribution
main with service laterals in Whitfield Avenue as shown on plat
recorded in the Office of the Clerk of the Circuit Court of Frederick
County, Virginia, in Deed Book 344, at Page 15Z, to furnish water
service to lots shown on said plat; and
WHEREAS, normally, a permit for such construction is obtained
from the State Highway and Transportation Commission as regards
those streets and roads which are a part of the State Secondary
Road System but the said portion of Whitfield Avenue, though dedicated
to the County of Frederick as a public road by deed of dedication
from James L. Bowman, et ux, dated July 19, 1968, recorded in the
aforesaid Clerk's Office in Deed Book 344, at Page 150, the said
Whitfield Avenue has not yet been taken into and become a part of
the State Secondary Road System;.and
WHEREAS, in view of the recited circumstances, the County of
Frederick desires by this instrument to grant to the Authority a
like permit.
NOW, THEREFORE, in consideration of the premises, the County
of Frederick herewith grants permission to the Authority, insofar
as the said County has the right and power to grant the same, to
construct, operate, maintain, repair and replace within the confines
of Whitfield Avenue as shown on the above referenced plat recorded
in Deed Book 344, at Page 152, a water distribution main together
with service laterals, all being as shown on plans and specifications
on file in the office of the Authority incorporated herein in full
by this reference, said construction to be completed in a satisfactory
manner within three hundred sixty-five (365) days from the date.
of this permit.
Dated this 1�'�' day of � 1978.
COUNTY OF FREDERICK
a ° Boaf d of Superv:fors
APPLICATION is hereby made for the permit as indicated above.
Appli ca.nt_ agrees to maintain work in proper manner upon its completion.
cwl
FREDE ICK COUNTY SANITATION
AUTHORITY
By/.�
W. N./%Jones, Engineer -Director
J. 0. RENALD3 III
COUNTY ADMINISTRATOR
33varb of , �tujnZi3isvr5
June 14, 1978
Mr. James Bowman
P. O. Box 6
Stephens City, Virginia 22655
Dear Mr. Bowman:
P. O. MOx sat
9 COURr SQUA45
W!NCHCSTER. VtRGI141A 22601
The Frederick County Board of Supervisors, meeting in
Adjourned Session on June 12, 1978, passed a resolution
requesting the addition of Whitfield Avenue, in the Whitfield
Subdivision, Opequon Magisterial District into the Secondary
Systems Addition,, An attested copy of this action is attached
for your information.
Should you have any questions regarding this matter,
please contact me.
akk
Enclosure
Sincerely yours,
J: O. Renalds, III
703 — 657-2365
At an Adjourned Meeting of the Board of Supervisors of the County
of Frederick, Virginia, held on the 12th day. of June, 1978, in the
.f .
Board of Supervisors' Meeting Room, 9 Court. Square, Winchester, Virginia,
the following action was taken:
Fish,
Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L.
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick Virginia, does herein request the Virginia Department of Highways
and Transportation to accept into the Secondary Road System the following
street in Sections I and II of Whitfield Subdivision, in Ope.quon Magisterial
District, pursuant to the provisions of Section 33.1-229 of the Code of
Virginia, 1950, as amended:
Whitfield Avenue from Rt. 641 to Rt. 641 a distance of .31 miles
BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth
of Virginia an unrestricted right-of-way of sixty (60) feet with necessary
easements for cuts, fills and drainage recorded in Deed Book 324, Page 407,
dated August 2, 1966, and Deed Book 344, Page 150, dated July 19, 1968;
BE IT FURTHER RESOLVED, That this request is contingent upon the
posting of a proper and acceptable bond with the Virginia Department of
Highways.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings,
R. Thomas Malcolm, and Kenneth Y. Stiles.
A COPY TESTE:
0. Renalds, III
County Administrator
eo 7C.
\P�p GESEH9�/
y WINCHESTER•VIRGINIA 22601
P. O. BOX 439 • 703 667-4310
yfoFgv P
August 3, 1973
Mr. J.O. Renalds, III
County Administrator
Frederick County Board of Supervisors
9 Court Square
Winchester, VA 22601
Dear Mr. Renalds:
��4222 vil
AUG 3 1973
In reply to your letter dated July 26, 1973 concerning road
construction for Mr. James L. Bowman in the Whitfield
Subdivision southeast of Stephens City on State Route 641,
this is to advise that we do have a contract with Mr.Bowman
to perform this work.
Although the contract is dated October 28, 1970, the work was
scheduled for the season of 1971. However, due to a
shortage of asphalt it was postponed until last season and
somehow the contract was lost in our files and the work was
never performed.
I have now discussed this mratter with our paving superintendent,
Mr. Cecil Roe, and he assures me that this work can be
completed by September 30, 1973.
iv
e trust that this will be satisfactory and I will persona:Ky
follow thru to see that this work is completed.
Very tyuly yours,
PERRY ENGINEERING CO., INC.
erman W. Perry, Preside
FWP:ml
cc
AY &1 K 1�/' ��:
P. O. BOX 439
WINCHESTER • VIRGINIA 22601
Mr. J. 0. Renalds, III
County Administrator
Frederick County Board of Supervisors
9 Court Square
Winchester, Virginia 22601
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HESTER HCOMPAN
PHONE MO 2-5437
W111'N''ICASPALT Y
I Mile East on Route 50 9 P. 0. Box 439
Winchester, Virginia
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We Propose To Furnish All Labor, Equipment, & Materials To Perform The Following Work:
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ALL OF THE ABOVE FOR THE SUM OF
Terms- Net Cash on Completion
Date 2� -19=
WINCHESTER ASPHALT COMPANY
if the above Quotation is satisfactory, please return one signed copy for Valid Contract
WINCHESTER ASPHALT COMPANY
I Mile East on Route 50 ® P. 0. Box 439
Winchester, Virginia
iob Location + -- 12 --,, I -,T -. s ; n — s r 1, + r- I
We Propose To Furnish All Labor, Equipment, & Materials To Perform The Following Work:
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ALL OF THE ABOVE FOR THE SUM OF
Terms: Net Cash on Completion
Date 23 19-
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WINCHESTER ASPHALT COMPAN
If the above Quotation is satis
—Whi—tfield Subdivision
• Opequon District
• SUBD
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